About David

Licenses

Licensed in Maryland for 36 years

State: Maryland

Acquired: 1989

Judicial

No misconduct found

Licensed in Virginia for 38 years

State: Virginia

Acquired: 1988

Judicial

No misconduct found

Licensed in District of Columbia for 38 years

State: District of Columbia

Acquired: 1987

Judicial

No misconduct found

Licensed in Missouri for 40 years

State: Missouri

Acquired: 1986

Inactive

No misconduct found

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Experience

Avvo does not rate this lawyer because he or she is in Judicial status.

Honors

2017

Super Lawyer, SuperLawyers

2016

Super Lawyer, SuperLawyers

2012

Leaders in the Law Award, Virginia Lawyers Weekly

2011

President's Award, Fairfax Bar Association

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Work Experience

2017 - Present

Judge, Fairfax County Circuit Court

1991 - 2017

Partner, Bernhard & Gardner

1989 - 1991

Proprietor, David Bernhard, Attorney at Law

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Associations

1989 - Present

Maryland Bar

Admitted to Practice - Inactive

1988 - Present

Virginia State Bar

Admitted to Practice - Judicial

1987 - Present

District of Columbia Bar

Admitted to Practice - Judicial

1986 - Present

Missouri Bar

Admitted to Practice - inactive

2013 - 2013

Fairfax Bar Association

Panel Chair - Judicial Selection Committee

2012 - 2014

Fairfax Bar Association

Screener, Judicial Selection Committee

2011 - 2014

Fairfax Bar Association

Co-chair, Criminal Law Practice Section

2011 - 2014

Virginia Association of Criminal Defense Lawyers

Member

2011 - 2011

Fairfax Bar Association

Member, Membership taskforce

2010 - 2013

Domestic Violence Prevention, Policy Coordinating Council

Member (Appointed by Fairfax County Executive)

2006 - 2014

Hispanic Bar Association of Virginia

Screener, Judicial Selection Committee

2005 - 2017

VADefenses Listserv

Founder and co-moderator

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Education

1985

Washington University in St. Louis School of Law

Juris Doctor

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Speaking Engagements

2017

The Color of Justice Keynote Speaker, The Color of Justice

2017

Fairfax County Bar Association Appeals 101: Preserving Your Trial Record and Maximizing Your Chances

2015

FBA Convention

Best Practices and Sentencing Alternatives in GDC, JDR and Circuit Courts CLE: A Panel Presentation on Criminal and Traffic Cases

2014

Fairfax County Bar Association Voir Dire and Jury Selection for the Civil and Criminal Practitioner

2013

African and African-American Heritage Conference

Is justice Color Blind?

2012

NOVABAA

Virginia's New Rules of Evidence

2012

Fairfax County Bar Association Virginia's New Rules of Evidence - A Primer CLE

2010

Fairfax County Bar Association FBA Annual Criminal Law CLE

2010

Fairfax County Bar Association The Art of Presenting & Opposing Expert Testimony CLE

2009

Fairfax County Bar Association FBA Annual Criminal Law CLE

2007

Fairfax County Bar Association FBA Annual DUI CLE

2005

Mark Levine's Inside Scoop Radio Program Dr. Russell Libby, Former President of the Northern Virginia Medical Society debates Trial Attorney David Bernhard

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Publications

2017

La Prensa Grafica Salvadoreño elegido como juez en Virginia

2017

Washington Post He once sought asylum in the United States. Now, he’s been named a judge.

2017

Washington Post This company is making millions from America’s broken immigration system

2017

Virginia Lawyers Weekly Supreme Court sets ‘highway test’ in DUI case

2017

Virginia Lawyers Weekly Landlord Proves Fraudulent Conveyance Against Lawyers and Defunct Law Firm

2017

Virginia Lawyers Weekly Motion to Strike Sentence Recommendation Denied

2017

Virginia Lawyers Weekly Judge: Tell jury about sentence range

2017

Virginia Lawyers Weekly Informing Jury Panel of Penalty Ranges during Voir Dire – Trial Judge’s Discretion – Jury Nullification

2017

Virginia Lawyers Weekly The rent is due

2016

WTOP Woman faces $81K Dulles toll bill

2016

Rappahannock News After a day-long jury trial, motorist pleads guilty

2016

Rappahannock News 15 miles at 130 mph: 16 months

2016

Virginia Lawyers Weekly Lawyers challenge implied consent law

2016

Virginia Lawyers Weekly Court: $1,000 toll fine not unconstitutional

2016

Virginia Lawyers Weekly Court Upholds Fourth-Offense Toll Fine

2016

Virginia Lawyers Weekly Fairfax judge upholds Dulles toll bill of $81K

2016

Virginia Lawyers Weekly A test for blood alcohol tests

2016

Virginia Lawyers Weekly High court requires warrant for DUI blood test

2016

Virginia Lawyers Weekly Mission creep at VASAP?

2016

Virginia Lawyers Weekly Judge slams toll collection confusion

2016

Virginia Lawyers Weekly Fairfax Lawyers Vote on Judge Candidates

2016

Virginia Lawyers Weekly Legislators anoint Fairfax judge candidates

2016

Virginia Lawyers Weekly Legislation studied to address refusal issue

2015

Fox 5 TV Defense attorney unveils strategy to challenge huge E-ZPass Express Lane fines

2015

WTOP Radio Appeals court to hear $10,000 Express Lanes case

2015

Fox 5 TV 2 E-Z Pass Express Lane fine cases dismissed by judge

2015

WUSA 9 TV Fairfax judge dismisses two Express Lanes lawsuits

2015

Tollroadsnews.com Daily News Briefs for January 15, 2015 - Tough Day in Court for 495 Express

2015

WTOP Radio Express Lanes operator might be breaking the law

2015

WUSA 9 TV Don Beyer Volvo Hit With Hot Lanes Violations

2015

WUSA 9 TV Hot Lanes Trial Set for Possible Dismissals and Refunds

2015

WUSA 9 TV HOT Lanes trial puts Transurban on defense

2015

WUSA 9 TV Express Lanes trial puts Transurban on defense

2015

WUSA 9 TV Disabled vet fights $500 Hot Lanes fine for trip

2015

Fox 5 TV Huge E-ZPass Express Lane fines being challenged in court

2015

Washington Post Judge drops case of woman accused of failing to pay Beltway express lane tolls

2015

Washington Post Judge tosses case seeking $10k in fees for late toll payment

2015

WTOP Radio Express Lanes operator loses another case in court

2015

Fox 5 TV E-ZPass drivers getting refund for Express Lanes fines

2015

WUSA 9 TV Case dismissed against Dulles Toll Road driver

2015

NBC 4 TV Questions But No Verdict At Charles Severance Murder Trial

2015

Washington Post Ex-Fairfax officer’s motions to move Geer murder trial, grant bond denied

2015

Virginia Lawyers Weekly Lawyers Challenge High Tolls From Fairfax Express Lanes

2015

Virginia Lawyers Weekly HOT Lanes ruling could undermine past judgments

2015

Virginia Lawyers Weekly 1-year limit put on HOT Lanes toll enforcement

2015

Virginia Lawyers Weekly Toll Violation Charges Filed Too Late

2015

Virginia Lawyers Weekly Key fob use leads to DUI finding

2015

Virginia Lawyers Weekly Car Lights On, Key Fob in Hand Yields DUI

2015

Virginia Lawyers Weekly Toll taker survives name challenge, past judgments vulnerable

2014

Washington Post Getting used to cameras in Virginia courtrooms

2014

Detroit Legal News Stand Up and Object. Now.

2013

ABA Journal Defense lawyer says he didn’t call sentencing witness because of courtroom camera fear

2013

Washington Post Suspect in murder of Falls Church woman was tracking probe, according to warrant

2013

Washington Post Fairfax judge allows cameras in a trial for the first time since 1994, and that’s a good thing

2013

Washington Post Pretrial filings reveal details in 2010 killing of Falls Church teen Vanessa Pham

2013

Fox 5 TV Defense must live with evidence disclosure in Vanessa Pham murder case

2013

Fairfax Times Upcoming Fairfax trial to be televised

2013

Fairfax Times Lawyers describe defense strategy in Pham murder case court filings

2013

WJLA ABC 7 TV Vanessa Pham trial: Jury deliberating Julio Blanco Garcia's fate

2013

WTOP Radio Jury finds Vanessa Pham's killer guilty

2013

Washington Post Man convicted of first-degree murder in Vanessa Pham killing

2013

Washington Post Man convicted in Vanessa Pham slaying

2013

Univision Cupable de asesinato en primer grado Julio Blanco García

2013

Univision Jurado delibera el caso de Julio Blanco García

2013

Univision Julio Blanco testifica durante su juicio

2013

Telemundo Inicia juicio de hispano acusado de asesinato

2013

Telemundo Nueva evidencia en juicio de Vanessa Pham

2013

WUSA 9 TV Pham trial Judge is pleased with decision to allow cameras

2013

WUSA 9 TV Blanco Found Guilty, Jury Recommends 49 Years

2013

WUSA 9 TV BREAKING: Blanco-Garcia Guilty In Murder Of Vanessa Pham

2013

WUSA 9 TV Deliberations Underway in Pham Murder Case

2013

WUSA 9 TV Defense rests in Pham murder trial

2013

WUSA 9 TV Man Accused Of Killing Vanessa Pham Goes On Trial

2013

WUSA 9 TV Grisly Testimony On Day 2 Of Pham Murder Trial

2013

WUSA 9 TV Pham trial focuses on DNA evidence

2013

Washington Post In Fairfax, cameras in the Pham murder trial: Not intrusive, but did they affect the sentence?

2013

WJLA ABC 7 TV Vanessa Pham murder: Julio Blanco Garcia sentenced to 49 years

2013

WUSA 9 TV Julio Blanco Garcia sentenced for murdering Vanessa Pham

2013

Washington Post Man convicted of killing 19-year-old Vanessa Pham sentenced to 49 years in prison

2013

FOX5 TV Washington DC Vanessa Pham murderer sentenced to 49 years

2013

Fairfax Times Vanessa Pham’s killer sentenced to 49 years

2013

NBC 4 TV College student was stabbed after she offered her killer a ride

2013

NBC 4 TV Images from the Vanessa Pham murder trial

2013

WTOP Radio Jury finds Vanessa Pham's killer guilty

2013

Washington University Law School Magazine David Bernhard Champions Diversity and Professionalism

2013

WJLA ABC 7 TV Vanessa Pham expanded trial video

2013

Virginia Lawyers Weekly An ‘unzip’ drive: Defense bar pushing new rules for broader access to prosecutors’ files

2013

Virginia Lawyers Weekly Courtroom Cameras Getting A New Look

2013

Virginia Lawyers Weekly Judges face scrutiny before courts committees

2012

Virginia Lawyers Weekly Blog Hispanic bar rates two highly qualified for Court of Appeals

2012

Washington Times Va. man appeals to Supreme Court over DUI conviction

2012

Washington Post Fingerprint match led to suspect in 2010 slaying of 19-year-old Falls Church woman

2012

Fairfax Times Suspect charged in Vanessa Pham murder case

2012

WJLA ABC 7 Vanessa Pham's family hopes arrest brings justice

2012

Fairfax Bar Journal Examining the Limits on Retroactive Criminalization of Conduct by Judicial Interpretation of Statutes - The DUI "Operation" Example

2012

Virginia Lawyers Weekly Rules of Evidence a ‘sea change’ for trial practice

2012

Virginia Lawyers Weekly Presenting the ‘Leaders in the Law’ Class of 2012

2011

Fairfax Bar Journal Revisiting the Statutory Power to "Suspend the Imposition of Sentence"

2011

Virginia Lawyers Weekly Appeals court to consider shaken baby case

2011

Virginia Lawyers Weekly Prosecutor Can Pursue First-Offense Breath Test Refusal

2010

FBA Annual Criminal Law CLE Minefileds of Virginia Appellate Practice - Issues You Should Consider

2010

Virginia Lawyers Weekly Finding long-distance legal help

2010

Virginia Lawyers Weekly 'Deferred judgment’ practice on hold

2010

Virginia Lawyers Weekly Fee waiver program will run out of money in May

2009

Washington Post High Court Ruling Voids DWI Case In Fairfax County

2009

Washington Post Va. Rushes To Address Ruling on Analysts

2009

Washington Post Latino Lawyer Among Candidates for Bench

2009

Washington Post Defendants Have Right To Confront Analysts of Forensics, Court Rules

2009

Washington Post Latino Lawyer Among Candidates for Bench

2009

Washington Post Defendants Have Right To Confront Analysts of Forensics, Court Rules

2009

Virginia Lawyer (Virginia State Bar) The Ways of a Gentle Warrior (by President Capsalis)

2009

Virginia Lawyers Weekly Following new case, judge tosses DUI charge

2009

Virginia Lawyers Weekly Kaine calls special session on lab techs

2008

Washington Post David Stitt, 65; Fairfax County Circuit Judge

2008

Virginia Lawyers Weekly Negligence - Auto Accident - Nonparty Guilty Plea - Drunken Driving

2007

FBA Annual Criminal Law CLE Practice Tips Regarding Field Tests Foundation, Roadblocks, Intoxilyzer Records, Refusal and More

2007

Washington Post Va. Courts Brace for Avalanche of Bad-Driver Cases

2007

Virginia Lawyers Weekly Lawyer sanctions upheld

2007

Virginia Lawyers Weekly Criminal - Felon In Possession - Juvenile Adjudication - Undated Order

2006

Washington Post N.Va. Air Bag Case Against Ford Begins; Woman Contends Device Blinded Her

2005

Washington Post Attorney Protests Legal Maneuvers In MS-13 Slaying

2005

Washington Post Va. Machete Victim Says Teen Led Gang Attack; Merrifield Assault Cost Man 3 Fingers

2005

Washington Post Charges Dropped, Then Filed Anew in Pr. William Gang Slaying

2005

Washington Post Va. Machete Victim Says Teen Led Gang Attack; Merrifield Assault Cost Man 3 Fingers

2005

Virginia Lawyers Weekly Negligence - Auto Accident - Spoliation

2005

Virginia Lawyers Weekly Attorneys - Sanctions - Products Liability - Unsubstantiated Defenses

2004

Washington Post Bond Revoked For Child Molester

2001

Virginia Lawyers Weekly Traffic Offenses - DUI - Roadblock Stop

2000

Washington Post Victimized Woman Faces Deportation; System Designed to Help 'Turned Against' Mother Who Can't Speak English

1999

Washington Post Mistrial in Arlington Day-Care Assault Case

1999

Washington Post Infants Force-Fed, Worker Says; Defendant Absent as Arlington Day-Care Abuse Trial Opens

1999

Virginia Lawyers Weekly Search & Seizure - Exigent Circumstances - Domestic Violence

1998

Washington Post Arlington Teen Charged With Killing His Parents

1998

Washington Times 17-year old confesses to killing his parents

1998

Virginia Lawyers Weekly Jurors' fear does not reflect bias

1997

Washington Post Building Trust; With Mini-Stations and Other Efforts, Fairfax Police Court Goodwill of Latino Community

1996

Virgnia Lawyers Weekly Traffic Offenses - Illegal Consumption Of Alcohol - Burden Of Proof

1995

Washington Post Jury Calls for 2 Life Terms in Murder

1995

Washington Post Murderer Gets 2 Life Sentences

1995

Virginia Lawyers Weekly Trial Report No. 95-T7, Negligence

1995

Virginia Lawyers Weekly Trial Report No. 95-T8, Negligence

1995

Virginia Lawyers Weekly Evidence - Hearsay - Murder - Reference To Tension Between Defendant & Victim

1994

Virginia Lawyers Weekly Criminal - Adult Status Of Defendant - Robbery & Firearms

1993

Virginia Lawyers Weekly Criminal - Larceny - Value Of Property - Sufficiency - Auto 'Spoiler'

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Languages

Spanish

German

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Activity

Legal Answers

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Q&A

My wife and I have been separated for 9 months, what do I need to do to file for a divorce in the state of Virginia?

16 Feb 2011

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Virginia Uncontested Divorce - Frequently Asked Questions

27 Feb 2011